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Copy right：protect the works against unauthorised copying (The relating…
Copy right：protect the works against unauthorised copying
The relating regulation
2.Berne Convention for the protection of literary and Artistic works
3.TRIPS
Harmonizring across various countris
Country-specfic treatment on minimum standards
4.WIPO
Copyright Treaty
Performance and phonograms Treaty
5.USSFTA (the fair dealing >> fair use)
extend the 50 years to the lifespan plus 70 years
impose the criminal liablity
Primamry infridger
To a significant extent
Secondary infridger
Trader
1.the statue of Anne + Austrilia
The justification of copyright protection
Society/ utilitiairan justification: incentives to creats the more original works
Moral right justification:the right of authorship, the attribution,integrity.
Econimic/pratical justification: the worker merits a reward
The gernal priciples of copy right
Partial/ weak/ quasi-monopoly
In contrast to an absoultuly monopoly right like patent,C arises as soon as the original work was created .(no copying then no infringement.)
Idea-expression dichotomy
Protect expressed work but not the underlying idea behind the creation=>General ideas remain in the public domain=> but the C is attached to the specidic work.
Merger doctrine: some idea only can be express intelligibly only in limited way, once the expression mergers with the idea and is therefore not protected.EX: Product instruction, rule of game.
The US court are divided on whether mergers constitutes
Defence of the infridgement => now often pleaded as an affirmative defense.
Prevent of copyrightability in the first place
Classify works (subsist in 2 broad categories of SM)(the SM in question must therefore fall within either of )
Authors
Literary work:any information gives the pleasure in the form of the literary enjoyment
What the law protects in limited to the selection( or arrangement ) of its contents which involved
intellectial creation
, neither the
autual information
nor
the effort has gone on to the creating it
The compilation of data:
EU:
O
protect the
sui generis database
:it is property right,comparable to but distinct from copyright/The TRIPS Agreement requires that copyright protection extends to databases and other compilations if they constitute intellectual creation by virtue of the selection or arrangement of their contents, even if some or all of the contents do not themselves constitute materials protected by copyright.
EU C Directive is to deal with news aggregators.EX: google for the memeber of the public-payment of the link tax ???
Street Maps
Telephone directories
Horse-racing
The headline used by the news aggregator: O
musical works
John Cage’s 4’33 for complete silence.
Artistic Work
Stormtrooper helmets of Star War: is it sculpture or technical
The helmet is nothing but a prop(道具) functional as part of the costume and serves a trchnical instrad of an artistic purpose.therefore not within the definition of the artistic works.
Dramatic works
4’33 might be here.
Other than works
Neighbouring right/entrepreneurial rights: created by a perosn who are not authors of the original work but who neverthless undertake the risk of the
exploiting the new technology
promoting
investment
in the work of the authors.
Sound recording by recording company
Cable programme by broadcaster/by media Corp. studios
Film by producers
Edition by book publisher
The requirement of the
originality
And
The sweat of the brow
Meaning:
The relating cases:
Kenrick v Lawrence (1890) 25 QBD 99
University of London Press Ltd v University Tutorial Press Ltd [1916] 2 Ch 601 at 608-609
Macmillan & Co Ltd v K & J Cooper (1923) 40 TLR 186
Ladbroke (Football) Ltd v William Hill (Football) Ltd [1964] 1 WLR 273
British Northrop v Texteam [1974] RPC 57 at 68
Re AUVI Trademark [1992] 1 SLR 639
Real Electronics v Nimrod Engineering [1996] 1 SLR 336
The recording of speech Off the cuff by the journalist